M/S. Vijay Filling Station & ANR. v. Bharat Petroleum Corporation Ltd. & ANR.

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5690/2017 & CM 23760/2017 (stay) M/S. VIJAY FILLING STATION & ANR.

..... Petitioners Through Ms Madhavi Divan, Mr Manan Verma and Ms Nidhi Khanna, Advocates.

versus BHARAT PETROLEUM CORPORATION LTD.

& ANR.

..... Respondents Through Mr Anil K. Batra, Advocate for Respondent no. 1 Ms Saakshi Agrawal, Govt. Pleader-UOI

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 26.07.2017 1.

The learned counsel appearing for the petitioner states that the petitioner has made a representation and once again provided all necessary documents regarding the change in the constitution of the firm from a partnership to the sole proprietorship. She states that a set of guidelines for change in the constitution of the firm was forwarded by the respondent. However, the same may not be strictly applicable as they contemplate a prospective change in the constitution of the firm. 2.

In the present case, the change in the constitution of the firm was in 1978 and the petitioner has been associated with the respondent since without any reservation of any kind. In the given circumstances, the respondent may examine the representation and the records furnished by the

petitioner and take an informed decision keeping in mind that the guidelines may not strictly apply in the present case given the peculiar facts as mentioned above.

3.

In the meanwhile, the respondent shall continue the supplies on advance payments as is being currently done.

4.

In the event, the petitioner is aggrieved by the decision of the respondent, the petitioner is at liberty to apply. VIBHU BAKHRU, J JULY 26, 2017 pkv